Judge David de Oliveira Gomes Filho of the 2nd Court for Extrajudicial Execution, Embargoes and Other Incidents of the District of Campo Grande (MS) ruled on the confiscation of the R$ 1 million prize awarded by Record to the singer Thiago Servo, winner of the reality show “A Grande Conquista”.
Thiago Servo was the winner of “A Grande Conquista” but the prize was mortgaged
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The decision was made as part of an enforcement action against Servo. According to the judge, he was subpoenaed, imposed no embargoes and failed to pay his debts, which after correction amounted to more than R$1.3 million. The decision came in response to a request by the singer for a preexecution waiver, a tool used by those executed to establish alleged procedural flaws that could lead to the dismissal of the lawsuit.
“The preenforcement exception is a doctrinal and jurisprudential construct of limited and exceptional use only in cases known to the judge ex officio as affecting the formal validity of the title or the enforcement process itself.”
In 2015, an extrajudicial death warrant was filed to oblige the singer to pay R$300,000, an amount stemming from a promissory note signed a year earlier that also expired in 2014.
The singer claims in his defense that he paid R$150,000 for a BMW and a plane and that he had no money left to pay for the goods due to his exit from the duo Thaeme & Thiago. He is said to have signed the blank promissory note and returned the relevant assets, “arranging with the creditor that the down payment will stand for the useful life and the promissory note will be torn up.”
“The debtor has already been summoned and has not paid the debt. He let the blank embargo deadline expire. Thus, the attachment of assets is appropriate and no longer the arrest. For these reasons, I am determining the attachment of the award granted to TV Record’s debtor,” the judge wrote.
The debt today is R$1,361,495.06, including legal fees.
The loan holder, João Alex Monteiro Catan, was represented by the lawyers Joao Paulo Sales Delmondes, Marcela Sales dos Santos It is Paulo Henrique Oliveira Santosby Sales Delmondes Advocacia
Click here to read the decision
Process 081742572.2015.8.12.0001